An attack on a train by unknown assailants on a commuter will cost the Passenger Rail Agency of South Africa (Prasa) dearly, as the court has ruled it has to pay nearly R6.4 million to a man who suffered brain damage as a result.

In April 2016, between Philippi and Lentegeur Stations, in Cape Town, a 19-year-old man, only identified as LM was attacked by unknown assailants on a train operated by Prasa. He is a former construction worker who due to his brain damage, is unable to work again.

An advocate from the Cape Bar who was appointed to act on his behalf, as he is unable to manage his own affairs, turned to the Western Cape High Court to claim damages from the rail operator. 

LM sustained serious injuries, including head injuries with fractures as well as severe traumatic brain injuries. He further sustained a cervical spine fracture, an ankle fracture, and lacerations to his scalp, forehead and right elbow.

The merits of the claim have been settled on the basis that Prasa is to pay 80% of LM’s proven or agreed damages arising from the incident.

A host of medical and other experts provided the court with evidence regarding LM’s prognoses for the future. Occupational therapists found that he exhibits both behavioural difficulties and cognitive impairments and that he needs a structured environment to manage his daily activities. 

The experts agreed that informal light work, including building doll houses and cleaning yards, would be beneficial to his quality of life. It was said by some that he needed a caregiver for supervision and guidance for the remainder of his life. 

His parents currently both work full day, and LM lives alone in a shed in the yard of their property.  

An adaptive behaviour assessment conducted indicated that LM needed structure, not care. One of the experts said being accompanied by a carer as he socialises, or does small jobs, is likely to severely restrict his current productive activities and social interaction. This is especially so given his stated desire to be considered non-impaired by his friends.

It was recommended that he receives the assistance of Cape Mental Health services, parental education, and some domestic assistance to assist in providing the necessary structure and routine, to assist LM to lead as normal a life as possible.

The psychiatric experts agreed that he sustained a severe trauma, resulting in ongoing clinically significant cognitive and behavioural difficulties. They further agreed that LM has a neurocognitive disorder secondary to the traumatic brain injury sustained. It is further said that he has a personality change and psychotic disorder secondary to the traumatic brain injury.

The court was told that he is vulnerable to exploitation and that any awarded funds should be protected. 

The court made no award for full time care, but instead allowed money for a domestic worker to be employed. Of the nearly R4.6 m awarded to him, R1.6 m was for general damages. The bulk of the rest of the award was for loss of earnings and future medical expenses.

zelda.venter@inl.co.za

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